APPENDIX A - COURT OF APPEALS SUMMARY AFFIRMANCE. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
|
|
- Doreen Kelly
- 5 years ago
- Views:
Transcription
1 1a APPENDIX A - COURT OF APPEALS SUMMARY AFFIRMANCE United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No September Term, :12-cv ESH Filed On: August 3, 2018 State National Bank of Big Spring, et al., Appellants State of South Carolina, et al., v. Appellees Steven T. Mnuchin, In his official capacity as United States Secretary of the Treasury, et al., Appellees BEFORE: Millett and Katsas, Circuit Judges; Sentelle, Senior Circuit Judge O R D E R
2 2a Upon consideration of the joint motion for summary affirmance, it is ORDERED that the district court s February 16, 2018, order and judgment be summarily affirmed. The merits of the parties' positions are so clear as to warrant summary action. See PHH Corp. v. Consumer Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018; Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir (per curiam. Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b; D.C. Cir. Rule 41. FOR THE COURT: Mark J. Langer, Clerk BY: Per Curiam /s/ Robert J. Cavello Deputy Clerk
3 3a APPENDIX B - DISTRICT COURT JUDGMENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE NATIONAL BANK of BIG SPRING et al., Plaintiffs, v. JACOB J. LEW et al., Defendants. Civil Action No (ESH ORDER AND JUDGMENT Before the Court is a Joint Motion Requesting Entry of Judgment Against Plaintiffs, ECF No. 77. On July 12, 2016, this Court issued an order granting, in part, defendants motion for summary judgment, and denying, in part, plaintiffs motion for summary judgment. (See Order, ECF No. 67. That Order also held in abeyance any ruling on plaintiffs separation-of-powers- based challenge to the Consumer Financial Protection Bureau ( CFPB pending a ruling by the United States Court of Appeals for the District of Columbia Circuit in PHH Corp. v. Consumer Financial Protection Bureau, No.
4 4a On January 31, 2018, the Court of Appeals, sitting en banc, issued its final opinion in PHH Corp. v. Consumer Fin. Prot. Bureau, No , 2018 WL (D.C. Cir. Jan. 31, 2018, and the mandate for that opinion issued on February 15, The parties agree that the Court of Appeals opinion forecloses this Court from ruling in favor of plaintiffs with respect to their separation-of-powersbased challenge to the CFPB and thus filed the pending joint motion requesting entry of judgment. Upon consideration of the motion, and for the reasons set forth therein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants motion for summary judgment on plaintiffs separation-ofpowers-based challenge to the CFPB is GRANTED; and it is further ORDERED that JUDGMENT is hereby entered against plaintiffs. See Fed. R. Civ. P. 58(a. This is a final, appealable Order. /s/ Ellen Segal Huvelle ELLEN SEGAL HUVELLE United States District Judge DATE: February 16, 2018
5 5a APPENDIX C - DISTRICT COURT JUDGMENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE NATIONAL BANK of BIG SPRING et al., Plaintiffs, v. JACOB J. LEW et al., Defendants. Civil Action No (ESH ORDER AND JUDGMENT Plaintiffs filed this suit in 2012 to challenge the constitutionality of the Consumer Financial Protection Bureau ( CFPB, which was created as part of the Dodd-Frank Act. See Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No , 124 Stat (2010. They also allege that the recess appointment of CFPB Director Richard Cordray was unconstitutional and seek an injunction that would prevent him from taking any further action in that role. After this Court dismissed the lawsuit on standing and ripeness grounds, State Nat. Bank of Big Spring v. Lew, 958 F. Supp. 2d 127, 166 (D.D.C. 2013, the Court of Appeals reversed in part. See State Nat. Bank of Big
6 6a Spring v. Lew, 795 F.3d 48, 57 (D.C. Cir It held that State National Bank of Big Spring ( SNB had standing to challenge (1 the constitutionality of the CFPB s structure, and (2 Director Cordray s recess appointment. See id. at 54. Upon remand, the parties filed cross-motions for summary judgment. (See Pls. Mot. for Summ. J. [ECF No. 53-1]; Defs. Cross-Mot. for Summ. J. [ECF No. 59-1]. At this time, the Court will defer ruling on plaintiffs attack on the CFPB on separation- ofpowers grounds. This same constitutional challenge was made to the D.C. Circuit in a recently argued case. See Pet rs Statement of Issues, PHH Corp. v. Consumer Fin. Prot. Bureau, Case No (D.C. Cir. July 24, 2015 (raising the question of [w]hether the unprecedented structural features of the CFPB, which combine legislative, executive, and judicial power in the hands of a single individual, violate the separation of powers. Plaintiffs in this case filed an amicus brief in support of petitioners, making largely the same arguments that they make here. See generally Br. of State National Bank of Big Spring, The 60 Plus Association, Inc.; and Competitive Enterprise Institute, PHH Corp. v. Consumer Fin. Prot. Bureau, Case No (D.C. Cir. Oct. 5, Given the likelihood that this issue will soon be decided by the Circuit, this Court will hold this matter in abeyance until the Court of Appeals rules in PHH Corp. See, e.g., Al Qosi v. Bush, 2004 WL , at *1 (D.D.C. Dec. 17, 2004 (holding further proceedings in abeyance pending resolution of the same issues in a case already before the D.C. Circuit.
7 7a It will, however, address the merits of plaintiffs challenge to the recess appointment of Director Cordray. To do this, it will limit its background discussion to information that is relevant only to that issue. BACKGROUND On July 18, 2011, President Obama first nominated Richard Cordray to serve as CFPB Director. (See Defs. Resp. to Pls. Statement of Material Facts Not in Dispute ( Defs. Resp. [ECF No. 59-2] 18. When the Senate took no action on that nomination, the President then appointed him to the position on January 4, 2012, invoking his authority under the Recess Appointments Clause. (See id. 19. That same day, the President also invoked his Recess Appointment authority to appoint three members to the National Labor Relations Board ( NLRB. (See id. 21. The Supreme Court subsequently found in National Labor Relations Board v. Noel Canning, 134 S. Ct. 2550, 2578 (2014, that these NLRB appointments were made in violation of the Recess Appointments Clause. As a recess appointee, Cordray exercised final decision-making authority concerning several CFPB rulemakings. (See Defs. Resp. 27; Electronic Fund Transfers (Regulation E, 77 Fed. Reg. 6,193 (Feb. 7, 2012; 77 Fed. Reg. 50,243 (Aug. 20, 2012; 78 Fed. Reg. 30,661 (May 22, 2013; Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X and the Truth In Lending Act (Regulation Z, 77 Fed. Reg. 51,115
8 8a (Aug. 23, 2012; 1 Escrow Requirements Under the Truth in Lending Act (Regulation Z, 78 Fed. Reg. 4,725 (Jan. 22, 2013; Ability to Repay and Qualified Mortgage Standards Under the Truth in Lending Act (Regulation Z, 78 Fed. Reg. 6,407 (Jan. 30, 2013; Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act (Regulation X, 78 Fed. Reg. 10,695 (Feb. 14, On January 24, 2013, President Obama renominated Cordray to serve as CFPB Director, and the Senate confirmed his nomination on July 16, (Defs. Resp. 26. The following month, Director Cordray published a Notice of Ratification in the Federal Register, which read as follows: The President appointed me as Director of the Bureau of Consumer Financial Protection on January 4, 2012, pursuant to his authority under the Recess Appointments Clause, U.S. Const. art. II, 2, cl. 3. The President subsequently appointed me as Director on July 17, 2013, following confirmation by the Senate, pursuant to the Appointments Clause, U.S. Const. art. II, 2, cl. 2. I believe that the actions I took during the period I was serving as a recess appointee were legally authorized and entirely proper. To avoid any possible uncertainty, 1 Although this Notice of Proposed Rulemaking was issued during Director Cordray s recess appointment, the final rule was not issued until after his Senate confirmation and reappointment. See 78 Fed. Reg. 79,730 (Dec. 31, 2013.
9 9a however, I hereby affirm and ratify any and all actions I took during that period. Notice of Ratification, 78 Fed. Reg. 53,734, 53,734 (Aug. 30, The primary point of contention between the parties is what legal effect, if any, this purported ratification has. ANALYSIS I. RECESS APPOINTMENT After finding that plaintiffs had standing to challenge Director Cordray s recess appointment as unconstitutional, the Court of Appeals left it to this Court to consider the significance of Director Cordray s later Senate confirmation and his subsequent ratification of the actions he had taken while serving under a recess appointment. State Nat. Bank of Big Spring, 795 F.3d at 54. Defendants now argue that the confirmation and subsequent ratification is fatal to plaintiffs recess appointment challenge for three reasons. A. Mootness At the time the Second Amended Complaint was filed, Director Cordray had not yet been confirmed by the Senate, and thus, plaintiffs challenged his authority to take any action as head of the Bureau. (See Second Am. Compl. [ECF No. 24] 257 (filed Feb. 19, They now acknowledge that his subsequent confirmation moots much of their claim for injunctive relief: To be sure, plaintiffs do not dispute that subsequent to his confirmation, Cordray could (subject to plaintiffs separation of powers
10 10a challenge properly exercise those authorities that are lawfully vested in him as Director of the CFPB. (See Pls. Reply Br. [ECF No. 62] at 33. However, they argue that even if they are not entitled to all of the relief they initially requested, the dispute remains live because the Court can still enjoin the enforcement of regulations that were promulgated prior to his confirmation. (See id.; see also Pls. Mot. for Summ. J. at 6 (identifying the five regulations issued prior to confirmation that most directly impact SNB. Defendants respond that this reframing of the requested relief amounts to a constructive amendment of plaintiffs complaint and should thus be disallowed. (See Defs. Cross-Mot. for Summ. J. at Even if certain remedies have been foreclosed during the course of litigation, the availability of partial relief prevents the case from becoming moot. See Church of Scientology of Cal. v. United States, 506 U.S. 9, 13 (1992. Therefore, defendants mootness argument can only succeed if none of the relief sought remains available in the wake of Director Cordray s confirmation. See id. As discussed, plaintiffs initially sought to enjoin Cordray from carrying out any of the powers of his office (Second Am. Compl. 257, and they continue to seek an injunction against the enforcement of rules promulgated prior to his confirmation. The Court agrees with plaintiffs that the broad request for relief in their complaint encompasses the more limited relief that could still be granted, i.e., enjoining Director Cordray from carrying out some of the powers of his office. (See Pls. Reply Br. at 32. Defendants argument that [t]here is no overlap
11 11a between the injunction originally requested and SNB s present characterization of it (Defs. Reply Br. [ECF No. 64] at 20 is not persuasive. For the same reason, there is no support for defendants argument that the reframed request for relief is not properly before the Court. (See id. at As discussed, the limited relief still potentially available to plaintiffs was sought in their Second Amended Complaint. B. Standing Defendants next argue that plaintiffs have not demonstrated standing to challenge most of the regulations they seek to invalidate. (See Defs. Cross- Mot. for Summ. J. at This both misapprehends the thrust of plaintiffs claim and flies in the face of the Court of Appeals decision. First, plaintiffs are not seeking to directly invalidate any regulations, as if this were a run-ofthe-mill APA challenge. (See Pls. Reply Br. at Instead, they are seeking a declaration that Director Cordray s recess appointment was unconstitutional, and consequently, an injunction preventing the enforcement of any rules that were issued while he was a recess appointee. (See id.; see also Second Am. Compl Defendants essentially admit that plaintiffs compliance costs under the Remittance Rule create standing to challenge the recess appointment (see Defs. Cross- Mot. for Summ. J. at 35, as they must following the decision of the Court of Appeals. See State Nat. Bank of Big Spring, 795 F.3d at (SNB s Remittance Rule compliance costs create standing to challenge both the Bureau s constitutionality and Director Cordray s recess appointment. Thus, the Court must
12 12a reach the merits of the recess appointment claim, regardless of whether SNB would have also been able to establish standing under other rules. Second, and more fundamentally, the Court of Appeals has already unequivocally held as much: [T]he Bank has standing to challenge Director Cordray's recess appointment. See id. at 54. It thus remanded to this Court for consideration of the merits of this issue, including the significance of Cordray s ratification of the acts taken during the allegedly unlawful recess appointment. See id. (emphasis added. Accordingly, the Court will now turn to the merits of this issue. 2 C. Ratification On August 30, 2013, just over a month after his Senate confirmation, Director Cordray published a notice in the Federal Register affirm[ing] and ratify[ing] any and all actions that he took between his recess appointment and subsequent confirmation. See Notice of Ratification, 78 Fed. Reg. 53,734, 53,734 (Aug. 30, Defendants thus argue that even if the recess appointment was 2 Defendants also challenge the standing of Competitive Enterprise Institute and the 60 Plus Association to remain in the case (Defs. Cross-Mot. for Summ. J. at 49-50, but because SNB has standing, the Court need not consider whether the other plaintiffs also have standing to make the same claims. See Ry. Labor Execs. Ass n v. United States, 987 F.2d 806, 810 (D.C. Cir.1993 ( [T]he Supreme Court has repeatedly held that if one party has standing in an action, a court need not reach the issue of the standing of other parties when it makes no difference to the merits of the case..
13 13a unconstitutional, 3 this ratification cured any defect in the rules promulgated during the interim period. (See Defs. Cross-Mot. for Summ. J. at They rely primarily upon two D.C. Circuit cases in which properly appointed officers effectively ratified the actions of their predecessors, when the validity of the predecessors appointments was doubtful. See Doolin Sec. Sav. Bank, F.S.B. v. Office of Thrift Supervision, 139 F.3d 203 (D.C. Cir. 1998; Fed. Election Comm n v. Legi-Tech, Inc., 75 F.3d 704 (D.C. Cir. 1996; see also Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat l Labor Relations Bd., 564 F.3d 469, 476 (D.C. Cir (relying on Legi-Tech to suggest that a properly reconstituted NLRB could ratify and reinstate an order invalidated due to Board s lack of quorum. Defendants have also filed a notice of recent opinions from the Third and Ninth Circuits approving ratification, the latter of which found Director Cordray s ratification of his past actions to be effective. See Advanced Disposal Servs. E., Inc. v. Nat l Labor Relations Bd., 820 F.3d 592, (3d Cir. 2016; Consumer Fin. Prot. Bureau v. Gordon, 819 F.3d 1179, 1192 (9th Cir ( Cordray s August 2013 ratification, done after he was properly appointed as Director, resolves any Appointments Clause deficiencies.. A review of these cases demonstrates why Director Cordray s 3 Defendants make no attempt to rebut the argument that Cordray s recess appointment was unconstitutional (see Defs. Cross-Mot. for Summ. J. at 31-32, 41, which is unsurprising in light of the Supreme Court s decision in Noel Canning. See 134 S. Ct. at 2578 (holding that three recess appointments made on the same day as that of Director Cordray were unconstitutional.
14 14a ratification saves the regulations from plaintiffs challenge. In Legi-Tech, the Federal Election Commission brought an enforcement action against appellee, but while that litigation was pending, the D.C. Circuit ruled in a separate case that the FEC s makeup was unconstitutional. See 75 F.3d at 706. The FEC then properly reconstituted itself and voted to continue with the enforcement action against Legi-Tech. See id. Nonetheless, the district court dismissed the case, holding that the ratification was ineffective and that to move forward, the FEC would have to initiate an entirely new proceeding. See id. The D.C. Circuit reversed, holding that (1 the FEC s improper makeup did not, in and of itself, render its actions void; 4 (2 even if it was nothing more than a rubberstamp, the ratification adequately remedied any prejudice to Legi-Tech; and (3 forcing the FEC to start the administrative process over would be fruitless, because it is virtually inconceivable that its decisions would differ in any way the second time from that which occurred the first time. See id. at It is this last point that bears particular 4 Plaintiffs mistakenly cite Legi-Tech for the proposition that every action taken by Director Cordray pre-confirmation is void ab initio. (See Pls. Reply Br. at 39 (quoting Legi-Tech, 75 F.3d at 707. However, that quote was taken from the Court of Appeals summary of Legi- Tech s own arguments, which the Court then expressly rejected. See Legi-Tech, 75 F.3d at 707 ( Legi-Tech argues that... [s]eparation of powers is a structural constitutional defect that makes the FEC s entire investigation and decision to file suit void ab initio. ; id. at 708 ( Legi-Tech s contention that... separation of powers is a structural constitutional defect that necessarily voids all prior decisions is overstated..
15 15a attention just as there was no significant change in the membership of the properly reconstituted FEC, id. at 709, Director Cordray in effect replaced himself and then ratified his own prior actions. Thus, there is even less reason here to believe that forcing him to restart the notice-and-comment process or even to go through the motions of a nominal reconsideration would change the outcome in any way. The D.C. Circuit reaffirmed Legi-Tech s holding and rationale just two years later in Doolin. See 139 F.3d at 214. There, an agency s Acting Director issued a Notice of Charges against a bank, after which the Acting Director s successor found the charges warranted and entered a final cease and desist order. See 139 F.3d at 204. On appeal, the bank challenged the validity of the Acting Director s appointment, arguing that he lacked authority to issue the Notice of Charges, and therefore the subsequent cease and desist order issued by his successor was also invalid. See id. at Relying on Legi-Tech, the Court of Appeals held otherwise because the Acting Director s successor was properly appointed, and because his cease and desist order implicitly ratified the earlier Notice of Charges, the agency s order was upheld. See id. at ( [R]edoing the administrative proceedings would bring about the same outcome a cease and desist order against the Bank. To require another Director sign a new notice... would do nothing but give the Bank the benefit of delay..... The Court thus had no need to determine whether the Acting Director s appointment was invalid, because even if it were, his
16 16a successor s ratification cured any potential defect. See id. at 214. The more recent D.C. Circuit decisions cited by plaintiffs do nothing to negate this analysis. It is true that Landry v. FDIC stated that Appointments Clause violations create a structural error that, even absent a showing of prejudice, make the invalid appointee s actions subject to automatic reversal. See 204 F.3d 1125, 1131 (D.C. Cir However, Landry did not involve ratification, and it distinguished Doolin on that basis, expressly recognizing that ratification can cure[] the [Appointments Clause] error. See id. at SW General similarly did not involve any attempt at ratification. See SW Gen., Inc. v. Nat. Labor Relations Bd., 796 F.3d 67, 79 (D.C. Cir And, Intercollegiate Broadcasting System, which plaintiffs cite for the same automatic reversal point, is even more detrimental to their position. See Intercollegiate Broad. Sys., Inc. v. Copyright Royalty Bd., 796 F.3d 111, 124 (D.C. Cir There, the Court rejected an Appointments Clause challenge because a properly constituted panel of administrative judges later ratified the challenged decision. See id. ( [A] court s holding that there has been an Appointments Clause violation does not mean that the violation cannot be remedied by a new, proper appointment.. Moreover, the recent Third and Ninth Circuit decisions upholding agency ratification further support defendants position. In Advanced Disposal Services East, petitioner challenged the actions of an NLRB Regional Director who was appointed by an
17 17a improperly constituted NLRB. See 820 F.3d at 596. Because the properly reconstituted NLRB had ratified the Regional Director s appointment, and because the Regional Director had then ratified the actions challenged by petitioner, the court upheld those actions. See id. at (relying primarily upon Doolin, 139 F.3d at The Ninth Circuit s decision in Gordon is even more helpful to defendants, as it deemed effective the very ratification challenged here: Cordray s August 2013 ratification, done after he was properly appointed as Director, resolves any Appointments Clause deficiencies. See 819 F.3d at 1192 (citing Legi-Tech, 75 F.3d at 707, 709, for its holding that a newly constituted FEC need not start at the beginning and redo the statutorily required procedures in their entirety. Plaintiffs raise three arguments to dispute the effectiveness of Director Cordray s ratification, none of which is persuasive. First, they argue that ratification can only be effective if the ratifier was authorized to take the action both initially and at the time of ratification, and Cordray lacked that authority when the rules were initially promulgated. (See Pls. Mot. for Summ. J. at This argument confuses the principal (the CFPB and its agent (Cordray. If it were the agent who needed that authority at all times, then ratification could never cure an Appointments Clause violation the very reason ratification is needed is that the appointee lacked authority to take the original action. See, e.g., Legi-Tech, 75 F.3d at 709 (ratification was an adequate remedy where FEC initially acted without authority. Instead, it is the principal, the
18 18a CFPB, who must at all times have the authority to take the challenged action. See Gordon, 819 F.3d at 1191 ( Under the Second Restatement, if the principal (here, CFPB had authority to bring the action in question, then the subsequent August 2013 ratification of the decision to bring the case against Gordon is sufficient.. Plaintiffs implicitly acknowledge that the CFPB, at all relevant times, has had the authority to promulgate the challenged regulations. (See Pls. Mot. for Summ. J. at 34 (discussing the CFPB s rulemaking authority during Cordray s recess appointment; see also 12 U.S.C (establishing the CFPB s rulemaking authority. Accordingly, this argument fails. Second, plaintiffs assert that the ratification is ineffective because it did not involve repromulgation of the regulations pursuant to the APA s notice and comment rulemaking procedures. (See Pls. Reply Br. at In other words, they make the same argument that the Court of Appeals rejected in Legi-Tech, Doolin, and Intercollegiate Broadcasting System that ratification can only be effective if it involves a repetition of the procedures initially followed. See Legi-Tech, 75 F.3d at 708 (rejecting argument that the FEC must repeat the entire administrative process in order for ratification to be effective; Doolin, 139 F.3d at 214 (agency not required to redo[] the administrative proceedings in order for ratification to be effective; Intercollegiate Broad. Sys., 796 F.3d at 120 (ratification effective even though reconstituted Board did not conduct a new evidentiary hearing. Plaintiffs suggest that these cases are distinguishable because they do not involve a
19 19a rulemaking (see Pls. Reply Br. at 39, but nothing in them implies that the particular form of administrative action at issue is dispositive. See Intercollegiate Broad. Sys., 796 F.3d at 119 (rejecting attempt to distinguish Legi-Tech and Doolin on the ground that they involved administrative enforcement actions... rather than the exercise of judicial authority in an adversarial proceeding. Instead, regardless of the type of administrative action, these decisions have consistently declined to impose formalistic procedural requirements before a ratification is deemed to be effective. Nonetheless, plaintiffs insist that they remain prejudiced even after ratification, because they never had an opportunity to present objections or comments to the proposed rules to a constitutionally appointed official. (See Pls. Reply Br. at 44. This argument rings hollow when considering that plaintiffs do not allege that (a they offered comments when the rules were first proposed, (b they refrained from offering comments because they believed Cordray s appointment unconstitutional, or (c they would offer comments if the rules were again subjected to notice and comment. But even assuming they would avail themselves of the opportunity this time around, they do not specify what the substance of those comments would be, or most crucially, give any reason to believe that the outcome would change if they were permitted to comment. That is the only relevant prejudice: the likelihood that the outcome was affected by the Appointments Clause violation. See, e.g., Legi-Tech, 75 F.3d at 708 ( Even were the Commission to return to square one... it is virtually inconceivable
20 20a that its decisions would differ in any way the second time from that which occurred the first time.. It is not enough that plaintiffs lost some hypothetical opportunity to participate in the administrative process. Finally, plaintiffs make the related argument that ratification was ineffective because Director Cordray failed to meaningfully reconsider the merits of the challenged rules through a de novo deliberative process. (See Pls. Reply Br. at 40. There is some support for this argument, particularly in Doolin and Advanced Disposal Services East, but the Court concludes that such a de novo reconsideration requirement is both unworkable and unwarranted, at least where, as here, the agency decision-maker is ratifying his own actions. Instead, D.C. Circuit s earlier opinion in Legi-Tech makes clear that the better course is to take the [ratification] at face value and treat it as an adequate remedy, even though it may well be nothing more than a rubberstamp. See 75 F.3d at 709. The reason for this is well-established: it generally is not the function of the court to probe the mental processes of an agency decisionmaker. See Hercules, Inc. v. Envtl. Prot. Agency, 598 F.2d 91, 123 (D.C. Cir (quoting United States v. Morgan, 313 U.S. 409, 422 (1941 (internal quotations omitted; see also Legi-Tech, 75 F.3d at 709 ( [W]e cannot, as Legi Tech argues, examine the internal deliberations of the Commission, at least absent a contention that one or more of the Commissioners were actually biased..
21 21a This is especially true where Director Cordray is ratifying his own actions the Court would effectively be forcing him to repeat his own analysis in a deliberation that is only nominally de novo. See Legi-Tech, 75 F.3d at 709 (a new proceeding by a similar FEC panel, given human nature, promises no more detached and pure consideration of the merits of the case than the Commission's ratification decision reflected. As discussed supra, an Appointments Clause violation creates prejudice where it likely affected a challenged decision, because a different, properly appointed decisionmaker might have taken a different approach. See id. at (assuming that the presence of nonvoting FEC members impacted the [challenged enforcement] action against Legi-Tech. Therefore, where the very same decision- maker ratifies his own challenged decision, any chance of prejudice is effectively wiped out. Cf. Andrade v. Regnery, 824 F.2d 1253, 1257 (D.C. Cir (no Appointments Clause injury where a properly appointed administrator implemented a policy developed by his improperly appointed predecessor. In each of the ratification cases decided by the Court of Appeals, the ratifier was not the same as the original decision-maker. See Legi-Tech, 75 F.3d at 706 (ratifying FEC panel excluded two non-voting ex officio members from the original panel; Doolin, 139 F.3d at 204 (new director ratified Notice of Charges issued by prior acting director; Intercollegiate Broad. Sys., 796 F.3d at (Copyright Royalty Board determination ratified by a Board made up of entirely new members. Thus, even if those opinions could be stretched to impose a de novo deliberation
22 22a requirement, this case is distinguishable for that reason alone. As discussed, however, Legi-Tech precludes such a reading, and a re-deliberation requirement would be inconsistent with the prohibition on courts probing agency decisionmaking processes. CONCLUSION For the reasons stated above, the Court will grant in part defendants cross-motion for summary judgment and deny in part plaintiffs motion for summary judgment. It will hold in abeyance any ruling on plaintiffs separation-of-powers challenge pending the Court of Appeals ruling in PHH Corp. v. Consumer Financial Protection Bureau, Case No (argued Apr. 12, A separate Order accompanies this Memorandum Opinion. DATE: July 12, 2016 /s/ Ellen Segal Huvelle ELLEN SEGAL HUVELLE United States District Judge
In the Supreme Court of the United States
No. 16-673 In the Supreme Court of the United States CHANCE E. GORDON, PETITIONER v. CONSUMER FINANCIAL PROTECTION BUREAU ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
More informationImplications of Canning Case on CFPB Rules Raymond Natter February, 2013
Implications of Canning Case on CFPB Rules Raymond Natter February, 2013 This article reviews the recent court of appeals decision regarding President Obama s appointments to the National Labor Relations
More informationExamining The Statute Of Limitations In CFPB Cases: Part 2
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Examining The Statute Of Limitations In CFPB
More informationUnited States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #18-5257 Document #1766994 Filed: 01/04/2019 Page 1 of 5 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 18-5257 September Term, 2018 FILED ON: JANUARY 4, 2019 JANE DOE
More informationUnited States Court of Appeals for the Federal Circuit
NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2010-5012 PETER H. BEER, TERRY J. HATTER, JR., THOMAS F. HOGAN, RICHARD A. PAEZ, JAMES ROBERTSON, LAURENCE H.
More informationCase 1:11-cv ABJ Document 60 Filed 03/02/12 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:11-cv-01629-ABJ Document 60 Filed 03/02/12 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL ASSOCIATION OF MANUFACTURERS, Plaintiff, v. Civil Action No. 11-1629 (ABJ
More informationCase 7:16-cv O Document 100 Filed 11/20/16 Page 1 of 6 PageID 1792
Case 7:16-cv-00054-O Document 100 Filed 11/20/16 Page 1 of 6 PageID 1792 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION STATE OF TEXAS et al., v. Plaintiffs,
More informationCase 1:17-cv JDB Document 86 Filed 08/17/18 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-02325-JDB Document 86 Filed 08/17/18 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, et al., Plaintiffs, v.
More informationPractical Implications of Noel Canning on the NLRB and CFPB
Practical Implications of Noel Canning on the NLRB and CFPB David H. Carpenter Legislative Attorney Todd Garvey Legislative Attorney April 1, 2013 CRS Report for Congress Prepared for Members and Committees
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. MEMORANDUM OPINION (June 14, 2016)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIERRA CLUB, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and GINA McCARTHY, Administrator, United States Environmental Protection
More informationDATE FILED: 1/~/z,otr-'
Case 1:15-cv-00357-RMB Document 57 Filed 08/03/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------)( BARBARA DUKA, Plaintiff,
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) WASHINGTON ALLIANCE OF ) TECHNOLOGY WORKERS, ) ) Plaintiff, ) ) v. ) Civil Action No. 14-529 (ESH) ) U.S. DEPARTMENT OF HOMELAND ) SECURITY )
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiffs, v. Civil Action No (JEB) NATIONAL LABOR RELATIONS BOARD,
5/$, A7AAD.! DB@@
More informationCase 1:17-cv LAP Document 78 Filed 05/11/18 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Case 1:17-cv-00890-LAP Document 78 Filed 05/11/18 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Consumer Financial Protection Bureau and the People of the State of New York, by
More informationCase 1:17-cv RDM Document 91 Filed 09/17/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-01330-RDM Document 91 Filed 09/17/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEAGHAN BAUER, et al., Plaintiffs, v. ELISABETH DeVOS, Secretary, U.S. Department
More informationCase 1:05-cv CKK Document 295 Filed 11/19/12 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:05-cv-01244-CKK Document 295 Filed 11/19/12 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TARIQ MAHMOUD ALSAWAM, Petitioner, v. BARACK OBAMA, President of the United States,
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. v. ) Case No. 1:16-cv (APM) MEMORANDUM OPINION
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CIGAR ASSOCIATION OF AMERICA, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:16-cv-01460 (APM) ) U.S. FOOD AND DRUG ) ADMINISTRATION, et al., )
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. STATE OF WASHINGTON, et al., CASE NO. C JLR.
Case 2:17-cv-00141-JLR Document 52 Filed 02/03/17 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE STATE OF WASHINGTON,
More informationCase 3:17-cv BEN-JLB Document 89-1 Filed 04/01/19 PageID.8145 Page 1 of 10
Case :-cv-00-ben-jlb Document - Filed 0/0/ PageID. Page of 0 0 0 XAVIER BECERRA Attorney General of California State Bar No. MARK R. BECKINGTON Supervising Deputy Attorney General State Bar No. 00 ANTHONY
More informationCase 1:18-cv LY Document 32-2 Filed 06/25/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Case 1:18-cv-00295-LY Document 32-2 Filed 06/25/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., and CONSUMER
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
In re: Jeffrey V. Howes Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE JEFFREY V. HOWES Civil Action No. ELH-16-00840 MEMORANDUM On March 21, 2016, Jeffrey V. Howes, who
More informationCase 1:08-cv RMU Document 53 Filed 07/26/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:08-cv-00380-RMU Document 53 Filed 07/26/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA APPALACHIAN VOICES, et al., : : Plaintiffs, : Civil Action No.: 08-0380 (RMU) : v.
More informationIN THE Supreme Court of the United States
No. 17-475 IN THE Supreme Court of the United States SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. DAVID F. BANDIMERE, Respondent. On Petition For A Writ Of Certiorari To The United States Court Of
More informationNo UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. UNITED STATES HOUSE OF REPRESENTATIVES, Plaintiff Appellee,
No. 16-5202 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT UNITED STATES HOUSE OF REPRESENTATIVES, Plaintiff Appellee, v. SYLVIA M. BURWELL, in her official capacity as Secretary of
More informationNo UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Plaintiff-Appellant, Defendant-Appellee.
No. 15-1511 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT LAURIE A. BEBO, Plaintiff-Appellant, v. SECURITIES AND EXCHANGE COMMISSION, Defendant-Appellee. On Appeal From the United States District
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff - Respondent,
Case: 18-90015 Document: 00514429320 Page: 1 Date Filed: 04/13/2018 No. 18-90015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff - Respondent,
More informationUNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION
UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 78764 / September 2, 2016 Admin. Proc. File No. 3-16430 In the Matter of the Application
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STEVEN AFTERGOOD, Plaintiff, v. Civil Action No. 01-2524 (RMU CENTRAL INTELLIGENCE AGENCY, Defendant. DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION
More informationNo IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. SUSAN WATERS, et al., Plaintiffs-Appellees.
No. 15-1452 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT SUSAN WATERS, et al., Plaintiffs-Appellees. v. PETE RICKETTS, in his official capacity as Governor of Nebraska, et al., Defendants-Appellants.
More informationCase 1:08-cv RWR-JMF Document 63 Filed 01/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:08-cv-00961-RWR-JMF Document 63 Filed 01/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. 08-961
More informationCase 1:11-cv RHS-WDS Document 5 Filed 11/10/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 1:11-cv-00946-RHS-WDS Document 5 Filed 11/10/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LOS ALAMOS STUDY GROUP, v. Plaintiff, UNITED STATES DEPARTMENT OF ENERGY,
More informationCase 2:17-cv WB Document 85 Filed 12/10/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:17-cv-04540-WB Document 85 Filed 12/10/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Plaintiff, v. DONALD J. TRUMP, in
More information2:16-cv NGE-EAS Doc # 27 Filed 03/14/17 Pg 1 of 7 Pg ID 626 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:16-cv-14183-NGE-EAS Doc # 27 Filed 03/14/17 Pg 1 of 7 Pg ID 626 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CONSUMER FINANCIAL PROTECTION BUREAU, Petitioner, Case No.16-14183
More informationCase 2:15-cv JCC Document 28 Filed 04/06/18 Page 1 of 9
Case :-cv-0-jcc Document Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE PUGET SOUNDKEEPER ALLIANCE and SIERRA CLUB v. Plaintiffs, SCOTT PRUITT, in
More informationIn the Supreme Court of the United States
No. 07-956 In the Supreme Court of the United States BIOMEDICAL PATENT MANAGEMENT CORPORATION, PETITIONER v. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES ON PETITION FOR A WRIT OF CERTIORARI TO THE
More information3 Key Defense Arguments For Post-Lucia SEC Proceedings
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com 3 Key Defense Arguments For Post-Lucia SEC
More informationCase 3:10-cv BR Document 123 Filed 11/15/13 Page 1 of 12 Page ID#: 2969
Case 3:10-cv-00750-BR Document 123 Filed 11/15/13 Page 1 of 12 Page ID#: 2969 STUART F. DELERY Assistant Attorney General DIANE KELLEHER Assistant Branch Director AMY POWELL amy.powell@usdoj.gov LILY FAREL
More informationUnited States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 06-7157 September Term, 2007 FILED ON: MARCH 31, 2008 Dawn V. Martin, Appellant v. Howard University, et al., Appellees Appeal from
More informationUnited States Court of Appeals
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 15, 2010 Decided March 4, 2011 No. 10-5057 AMERICAN BAR ASSOCIATION, APPELLEE v. FEDERAL TRADE COMMISSION, APPELLANT
More informationUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term (Argued: January 29, 2019 Decided: April 10, 2019) Docket No.
18 74 United States v. Thompson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2018 (Argued: January 29, 2019 Decided: April 10, 2019) Docket No. 18 74 UNITED STATES OF AMERICA, Appellee,
More informationCase 1:16-cv ESH Document 25 Filed 12/05/16 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:16-cv-00745-ESH Document 25 Filed 12/05/16 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL VETERANS LEGAL SERVICES PROGRAM, et al., Plaintiffs, v. Civil Action No.
More information) ) ) ) ) ) ) ) ) ) ) )
Case :0-cv-00-SRB Document Filed 0/0/ Page of 0 Valle del Sol, et al., vs. Plaintiffs, Michael B. Whiting, et al., Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CV 0-0-PHX-SRB
More information654, 671 (1988) F.3d 1332 (D.C. Cir. 2012), reh g and reh g en banc denied, No (D.C. Cir. Aug.
SEPARATION OF POWERS APPOINTMENTS CLAUSE D.C. CIRCUIT HOLDS APPOINTMENT OF COPYRIGHT ROYALTY JUDGES BY LIBRARIAN OF CONGRESS VIOLATES APPOINT- MENTS CLAUSE. Intercollegiate Broadcasting System, Inc. v.
More informationCordray s Recess Appointment: Future Legal Challenges. By V. Gerard Comizio and Amanda M. Jabour*
Cordray s Recess Appointment: Future Legal Challenges By V. Gerard Comizio and Amanda M. Jabour* Introduction On January 4, 2012, President Obama appointed Richard Cordray as director of the Consumer Financial
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 18-20026 Document: 00514629339 Page: 1 Date Filed: 09/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the
More informationUnited States Court of Appeals for the Ninth Circuit
Case: 18-15068, 04/10/2018, ID: 10831190, DktEntry: 137-2, Page 1 of 15 Nos. 18-15068, 18-15069, 18-15070, 18-15071, 18-15072, 18-15128, 18-15133, 18-15134 United States Court of Appeals for the Ninth
More informationORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #17-1038 Document #1666639 Filed: 03/17/2017 Page 1 of 15 ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) CONSUMERS FOR AUTO RELIABILITY
More informationCase 1:15-cv KBJ Document 16 Filed 03/18/16 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:15-cv-00875-KBJ Document 16 Filed 03/18/16 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATASHA DALLEY, Plaintiff, v. No. 15 cv-0875 (KBJ MITCHELL RUBENSTEIN & ASSOCIATES,
More informationNo IN THE SUPREME COURT OF THE UNITED STATES LUMMI NATION, ET AL., PETITIONERS SAMISH INDIAN TRIBE, ET AL.
No. 05-445 IN THE SUPREME COURT OF THE UNITED STATES LUMMI NATION, ET AL., PETITIONERS v. SAMISH INDIAN TRIBE, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 17-10732 Document: 00514630277 Page: 1 Date Filed: 09/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff Appellee, United States Court
More informationCase 4:18-cv O Document 74 Filed 05/16/18 Page 1 of 8 PageID 879
Case 4:18-cv-00167-O Document 74 Filed 05/16/18 Page 1 of 8 PageID 879 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION TEXAS, et al., Plaintiffs, v. UNITED STATES
More informationWill the Board of Patent Appeals and Interferences Rely Upon Dictionary Definitions Newly. Cited in Appeal Briefs? Answer: It Depends
Will the Board of Patent Appeals and Interferences Rely Upon Dictionary Definitions Newly Cited in Appeal Briefs? Answer: It Depends By Richard Neifeld, Neifeld IP Law, PC 1 I. INTRODUCTION Should dictionary
More informationSupreme Court Holds that SEC Administrative Law Judges Are Unconstitutionally Appointed
Supreme Court Holds that SEC Administrative Law Judges Are Unconstitutionally Appointed June 26, 2018 On June 21, 2018, the Supreme Court ruled in Lucia v. SEC 1 that Securities and Exchange Commission
More informationCase: /20/2014 ID: DktEntry: 56-1 Page: 1 of 4 (1 of 13) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 12-16258 03/20/2014 ID: 9023773 DktEntry: 56-1 Page: 1 of 4 (1 of 13) FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 20 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-20026 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 5, 2018 Lyle W. Cayce Clerk DEUTSCHE BANK NATIONAL
More informationCase 3:16-cv RP-CFB Document 46 Filed 09/21/16 Page 1 of 8
Case 3:16-cv-00026-RP-CFB Document 46 Filed 09/21/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION LISA LEWIS-RAMSEY and DEBORAH K. JONES, on behalf
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) ) ) SECOND ORDER ON RECONSIDERATION
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AT&T Corp., v. Complainant, Iowa Network Services, Inc. d/b/a Aureon Network Services, Defendant. Proceeding Number
More informationCase 2:17-cv MJP Document 217 Filed 03/23/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. Defendants.
Case :-cv-0-mjp Document Filed 0// Page of The Honorable Marsha J. Pechman UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 RYAN KARNOSKI, et al., v. Plaintiffs, No. :-cv--mjp DEFENDANTS
More informationCase 1:17-cv MJG Document 146 Filed 04/25/18 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Case 1:17-cv-02459-MJG Document 146 Filed 04/25/18 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BROCK STONE, et al., Plaintiffs, v. Case 1:17-cv-02459-MJG DONALD J. TRUMP,
More informationNOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 11-16310 09/17/2012 ID: 8325958 DktEntry: 65-1 Page: 1 of 4 (1 of 9) FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 17 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH
More informationMemorandum. Florida County Court Clerks. National Center for Lesbian Rights and Equality Florida. Date: December 23, 2014
Memorandum To: From: Florida County Court Clerks National Center for Lesbian Rights and Equality Florida Date: December 23, 2014 Re: Duties of Florida County Court Clerks Regarding Issuance of Marriage
More information(2) amending the complaint would not be futile.
IV. CONCLUSION This motion is in reality a plea to reconsider the Court s final order. That order was requested by the Plaintiffs specifically so that they could challenge it on appeal, which they have
More informationORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO
USCA Case #15-1379 Document #1671083 Filed: 04/14/2017 Page 1 of 8 ORAL ARGUMENT NOT YET SCHEDULED IN NO. 17-1014 ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO. 15-1363 IN THE UNITED STATES COURT OF APPEALS
More informationCase 1:18-cv CKK Document 16 Filed 01/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cv-00891-CKK Document 16 Filed 01/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JULIA CAVAZOS, et al., Plaintiffs v. RYAN ZINKE, et al., Defendants Civil Action
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Mulhern et al v. Grigsby Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOHN MULHERN, et al., Appellants, v. Case No. RWT 13-cv-2376 NANCY SPENCER GRIGSBY, Chapter 13 Trustee
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEFENDANTS MOTION FOR A PROTECTIVE ORDER
Case 1:17-cv-01597-CKK Document 97 Filed 03/23/18 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JANE DOE 1, et al., Plaintiffs, v. Civil Action No. 17-cv-1597 (CKK) DONALD J. TRUMP,
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Case:-cv-0-SBA Document Filed// Page of 0 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ROBERT BOXER, on Behalf of Himself and All Others Similarly Situated, vs.
More informationNos , IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nos. 05-16975, 05-17078 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EARTH ISLAND INSTITUTE et al., Plaintiffs/Appellees/Cross- Appellants, v. NANCY RUTHENBECK, District Ranger, Hot Springs
More informationUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER
13-1446 Costello v. Flatman, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER
More informationIN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION
Case 4:05-cv-00201-HLM Document 98 Filed 06/08/2006 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION COMMON CAUSE / GEORGIA, ) et al., ) ) Plaintiffs, ) CIVIL
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Chapman et al v. J.P. Morgan Chase Bank, N.A. et al Doc. 37 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BILL M. CHAPMAN, JR. and ) LISA B. CHAPMAN, ) ) Plaintiffs, ) )
More informationORAL ARGUMENT HEARD ON SEPTEMBER 27, No and Consolidated Cases
USCA Case #15-1363 Document #1669991 Filed: 04/06/2017 Page 1 of 10 ORAL ARGUMENT HEARD ON SEPTEMBER 27, 2016 No. 15-1363 and Consolidated Cases IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF
More information[EN BANC ORAL ARGUMENT SCHEDULED FOR MAY 24, 2017] No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #15-1177 Document #1666553 Filed: 03/17/2017 Page 1 of 33 [EN BANC ORAL ARGUMENT SCHEDULED FOR MAY 24, 2017] No. 15-1177 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
More informationCase: , 10/18/2016, ID: , DktEntry: 57-1, Page 1 of 4 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 13-56454, 10/18/2016, ID: 10163305, DktEntry: 57-1, Page 1 of 4 (1 of 9) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED OCT 18 2016 MOLLY C. DWYER, CLERK U.S. COURT
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:12-cv UU.
Case: 12-13402 Date Filed: (1 of 10) 03/22/2013 Page: 1 of 9 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13402 Non-Argument Calendar D.C. Docket No. 1:12-cv-21203-UU [DO NOT PUBLISH]
More informationCase 7:16-cv O Document 69 Filed 01/24/17 Page 1 of 12 PageID 1796
Case 7:16-cv-00108-O Document 69 Filed 01/24/17 Page 1 of 12 PageID 1796 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION FRANCISCAN ALLIANCE, INC. et al.,
More informationCase 1:00-cv RBW Document 176 Filed 12/11/12 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:00-cv-02502-RBW Document 176 Filed 12/11/12 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ROSEMARY LOVE, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 00-2502 (RBW)
More informationCase 1:12-cv JDB Document 45 Filed 09/23/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ORDER
Case 1:12-cv-01510-JDB Document 45 Filed 09/23/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, Civil Action No.
More informationCase 1:17-cv EGS Document 19 Filed 09/15/17 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-00827-EGS Document 19 Filed 09/15/17 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN OVERSIGHT, Plaintiff, v. Case No. 17-cv-00827 (EGS U.S. DEPARTMENT
More informationCase 5:06-cv FL Document 35 Filed 01/25/2007 Page 1 of 11
Case 5:06-cv-00462-FL Document 35 Filed 01/25/2007 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civil Action No. 5:06-CV-00462-FL RICHARD
More informationCase 2:12-cv JFC Document 152 Filed 07/05/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case 2:12-cv-00207-JFC Document 152 Filed 07/05/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GENEVA COLLEGE; WAYNE L. HEPLER; THE SENECA HARDWOOD LUMBER COMPANY,
More informationCase: , 04/30/2018, ID: , DktEntry: 58-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 17-70162, 04/30/2018, ID: 10854860, DktEntry: 58-1, Page 1 of 5 (1 of 10) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED APR 30 2018 MOLLY C. DWYER, CLERK U.S. COURT
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ) INTERNATIONAL REFUGEE ASSISTANCE ) PROJECT, et al., ) ) Plaintiffs-Appellees, ) ) v. ) No. 17-1351 ) DONALD J. TRUMP, et al., ) ) Defendants-Appellants.
More informationCase 1:17-cv Document 1 Filed 12/05/17 Page 1 of 15. Plaintiff, Case No. 17 Civ. 9536
Case 1:17-cv-09536 Document 1 Filed 12/05/17 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LOWER EAST SIDE PEOPLE S FEDERAL CREDIT UNION, on behalf of itself and its members,
More informationCase 1:10-cv JDB Document 7-1 Filed 06/22/10 Page 1 of 9 EXHIBIT 1
Case 1:10-cv-00651-JDB Document 7-1 Filed 06/22/10 Page 1 of 9 EXHIBIT 1 Case 1:10-cv-00651-JDB Document 7-1 Filed 06/22/10 Page 2 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
More informationNo (and consolidated cases) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #15-1381 Document #1675253 Filed: 05/15/2017 Page 1 of 14 ORAL ARGUMENT REMOVED FROM CALENDAR No. 15-1381 (and consolidated cases) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA
More informationCase 1:11-cv RWR Document 65 Filed 08/06/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:11-cv-00278-RWR Document 65 Filed 08/06/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CLARK COUNTY, WASHINGTON, et al., Plaintiffs, Case No. 1:11-cv-00278-RWR
More informationUnited States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Decided November 4, 2008 No. 07-1192 YASIN MUHAMMED BASARDH, (ISN 252), PETITIONER v. ROBERT M. GATES, U.S. SECRETARY OF DEFENSE, RESPONDENT
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. v. Civil Action No (CKK) MEMORANDUM OPINION (March 28, 2004)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN HISTORICAL ASSOCIATION, et al., Plaintiffs, v. Civil Action No. 01-2447 (CKK) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, et al., Defendants.
More informationIn The Supreme Court of the United States
No. 14-340 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- FRIENDS OF AMADOR
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff-Appellee, v. CHANCE EDWARD GORDON, DBA Gordon and Associates, DBA National Legal Source,
More informationCONSTITUTIONALITY OF LEGISLATION EXTENDING THE TERM OF THE FBI DIRECTOR
CONSTITUTIONALITY OF LEGISLATION EXTENDING THE TERM OF THE FBI DIRECTOR It would be constitutional for Congress to enact legislation extending the term of Robert S. Mueller, III, as Director of the Federal
More informationCase 1:17-cv RC Document 31 Filed 02/17/17 Page 1 of 20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEMORANDUM OPINION
Case 1:17-cv-00049-RC Document 31 Filed 02/17/17 Page 1 of 20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHN DOE COMPANY, : : Plaintiff, : Civil Action No.: 17-0049 (RC) : v. : Re Document
More informationSupreme Court s Limited Protection for Whistleblowers Under Dodd-Frank. Lindsey Catlett *
Supreme Court s Limited Protection for Whistleblowers Under Dodd-Frank Lindsey Catlett * The Dodd-Frank Act (the Act ), passed in the wake of the 2008 financial crisis, was intended to deter abusive practices
More informationUnited States Court of Appeals for the D.C. Circuit
USCA Case #18-5007 Document #1720439 Filed: 03/02/2018 Page 1 of 45 ORAL ARGUMENT SCHEDULED FOR APRIL 12, 2018 No. 18 5007 United States Court of Appeals for the D.C. Circuit LEANDRA ENGLISH, Deputy Director
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SPIRIT OF THE SAGE COUNCIL, et al., Plaintiffs, v. No. 1:98CV01873(EGS GALE NORTON, SECRETARY, U.S. DEPARTMENT OF THE INTERIOR, et al., Defendants.
More informationMichael B. Wigmore Direct Phone: Direct Fax: January 14, 2009 VIA HAND DELIVERY
Michael B. Wigmore Direct Phone: 202.373.6792 Direct Fax: 202.373.6001 michael.wigmore@bingham.com VIA HAND DELIVERY Jeffrey N. Lüthi, Clerk of the Panel Judicial Panel on Multidistrict Litigation Thurgood
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION
Case 4:14-cv-00139-HLM Document 34 Filed 08/31/15 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION GEORGIACARRY.ORG, INC., and DAVID JAMES, Plaintiffs,
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:13-cv DLG.
Case: 14-11084 Date Filed: 12/19/2014 Page: 1 of 16 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11084 Non-Argument Calendar D.C. Docket No. 1:13-cv-22737-DLG AARON CAMACHO
More informationCase 1:17-cv TSC Document 29 Filed 12/23/17 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-02069-TSC Document 29 Filed 12/23/17 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN CIVIL LIBERTIES UNION FOUNDATION, as Next Friend, on behalf of Unnamed
More information